If I leave my job before the end of the contract, will I be eligible to deduct my salary?

First of all, the labor subject is not legal. You are students. It is not a normal labor subject.

You are not protected by the Labor Contract Law of the People's Republic of China.

However, you can take the route of civil litigation and consult your local legal aid center.

You can apply for arbitration at the labor department where the factory is located, according to the provisions of Chapter IV of the Labor Contract Law of our country, and the provisions on the dissolution and termination of labor contracts in Chapter IV

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

Legal analysis: Yes, as long as the employee has paid for the labor, the employee has the right to enjoy the labor remuneration. It is a serious violation of discipline for an employee to leave the post without permission, and the employer can dismiss the employee and deduct part of the employee's incentive treatment as a punishment.

However, the employee's own salary unit needs to be paid. However, if the employee has caused direct economic losses to the employer, the employer can deduct the employee's salary, and the monthly maximum shall not exceed 21% of the total salary.

Legal basis: Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

If you leave your job 20 days before the expiration of your contract, you will not deduct your salary. Because resignation before the expiration of the contract is not considered a breach of contract, and resignation on the day of the expiration of the contract is considered a breach of contract. There is a law that requires an application to be submitted one month in advance before leaving the job to facilitate the handover of all kinds of work.

Even if the labor contract expires, all kinds of materials and certificates of Shiyan still need to be handled through the company, so the act of resigning directly will annoy the company and hinder the subsequent procedures. If the employee fails to resign in accordance with the normal resignation procedures and causes certain losses to the employer, the employer may require the employee to pay certain compensation.

The time of the employment contract stipulates that there is a fixed-term employment contract. When the labor contract is concluded, a certain period of time is agreed, and the labor legal relationship is terminated upon the expiration of the period; There is no fixed period of labor. This type of contract is generally suitable for positions that are more technical and require continuous work; An employment contract with a period of time for the completion of a certain amount of work.

The difference from a fixed-term employment contract is that the conditions for the termination of the contract are agreed upon, rather than a definite period of time.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China.

When a worker terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.

Article 32.

Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

The analysis of legal scumbags is like a messy bend: the company's arrears of wages can be solved in the following ways: First, first go to the company's leaders to negotiate and ask for the arrears of wages.

If the company continues to default, ask the reason for the default, and if it is because the company is temporarily unable to turn around, ask the company to issue an IOU. Secondly, if the negotiation with the company is fruitless, then go to the local labor inspection department to file a complaint and let the labor inspection brigade deal with it, and the general problem can be solved here. Finally, if the labor inspection team fails to deal with it, then it is necessary to collect relevant evidence and go to the local labor arbitration commission for labor arbitration.

Legal basis: Provisions on the Interim Arrangement of Wage Payment Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If the employer fails to sign a labor contract with the employee and the employee resigns suddenly, the employer cannot deduct the employee's wages, but if the employer has evidence to prove that the employee has caused certain losses to the employer due to the employee's resignation, the employer may require the employee to pay certain compensation.

If the employer has not signed a labor contract with the employee, the employee may request the employer to pay double the salary of the unsigned labor contract from the second month (starting from the second month of employment, up to 11 months), and the labor arbitration statute of limitations is one year from the date of the employee's resignation.

Legal basis] Interim Regulations on the Payment of Wages

Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Labor Contract Law of the People's Republic of China

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 6 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

There is a salary. Legal analysis: 1. You can get a salary if you leave your job automatically without signing a labor contract;

2. Failure to sign a labor contract for almost three months is an illegal act, and the employer shall pay twice the monthly salary to the employee;

3. The failure to sign the labor contract damages the legitimate rights and interests of the employee, and it is necessary to pay economic compensation to the employee. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China provides that if an employer falls under any of the following circumstances, the employee may terminate the employee.

Summary. If the employer fails to sign a labor contract with the employee and the employee resigns suddenly, the employer cannot deduct the employee's wages, but if the employer has evidence to prove that the employee has caused certain losses to the employer due to the employee's resignation, the employer may require the employee to pay certain compensation.

No, dear.

If the employer fails to sign a labor contract with the employee and the employee resigns suddenly, the employer cannot deduct the employee's wages, but if the employer has evidence to prove that the employee has caused certain losses to the employer due to the employee's resignation, the employer may require the employee to pay certain compensation.

I made a mistake and suddenly resigned and told her a week in advance.

If the employer has not signed a labor contract with the employee, the employee may request the employer to pay double the salary of the unsigned labor contract from the second month (starting from the second month of employment, up to 11 months), and the labor arbitration statute of limitations is one year from the date of the employee's resignation.

But he didn't approve me to go, and I didn't approve it when I asked for leave, so I left directly, and he said he would deduct my money.

This kind of employer is against the law.

I signed an employment contract.

The person who applied in advance cannot be deducted.

The message can also be used as evidence, you can take a screenshot and save it.

What should I do if my money is deducted?

Handling method: Complaint handling with the Labor Inspection Brigade.

They will deal with it after the complaint.

Say that one day counts as three days, and three days automatically leave the job.

Is there a clause in the contract?

You can send it to me to see it! Kiss.

If the employer deducts wages if he resigns without signing a contract, the employee may report to the labor administrative department, and the labor administrative department shall order him to pay the full amount of labor remuneration within the time limit; It is also possible to apply to the labor arbitration commission for arbitration.

Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite labor contract should be concluded. Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis.

Wages shall not be deducted or unjustifiably delayed. Article 9 of the "Regulations on the Supervision of Labor Security" provides that any organization or individual has the right to report to the administrative department of labor security any violation of labor security laws, regulations or rules. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department.

Legal analysis: As long as the employee pays the labor work, the employee has the right to enjoy labor remuneration. It is a serious violation of discipline for an employee to leave the post without permission, and the employer can dismiss the employee and deduct part of the employee's incentive treatment as a punishment.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China.

The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) Due to the circumstances provided for in the first paragraph of Article 26 of this Law, the labor sales socks are invalid; (6) Those who have been pursued for criminal responsibility in accordance with law.